Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Workers compensation insurance(State Fund) is expired on…

workers compensation insurance(State Fund) is...
workers compensation insurance(State Fund) is expired on March this year.
I ask to re-insure and audit told me to pay $8000- and I paid it 10/17/16 but auditor said that is extra charge for November to March and it is not for re-insuring. ( I feel I was cheated) she said I have to apply W.C insurance again and it will not covered after March through now.
That means I do not have W.C. from March 14 to whenever they issue a new policy.
I have other problem that one of my employee claimed his back injury on 8/8/16 through his lawyer. ( that is a minor claim and I tried to send him clinic, but he got a lawyer and went their doctor and make ir larger).
I did not reply lawyer because at that time I and State Fund discussed re-instate. Now EDD send me questions for this employee. (by the way he never come back to work since 8/8/16. I think he quite)
my problem is
1. I have to get coverage W.C from March 13, 2016 through now.
2. I have to explain to EDD. I hold to reply their questions now.
if you can give me your assistance, I will be appreciated.
Dave Sato
Show More
Show Less
Ask Your Own Legal Question
Answered in 18 minutes by:
11/1/2016
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,842
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the money they are demanding is not for coverage from the time the workers compensation policy expired,it is the penalty for not having current workers compensation coverage during the months of March until when you reapply. So just like if your car insurance expired in March and you got into an Accident in August and try to pay up your insurance, they will not cover that August accident because there is no policy coverage in place during that time and they do not retroactively insure you. Thus, if there was a workers compensation injury during the time when the policy expired, your company will be liable for paying for medical expenses and the wages for the temporary total disability time for not having the coverage in place at the actual time the accident occurred.
You cannot get retroactive coverage though. That would mean that people could avoid paying for insurance forever unless some accident happens they need coverage on and then go back and pay for insurance and such retroactive coverage is not allowed. The only way to get coverage is to prove the only reason you had no coverage between March and October when you paid them was the fault of the workers compensation insurer and not your fault. If you can prove that the only reason you did not have coverage is because of EDD's negligence and not through any fault of your own, then you can pursue EDD for liability and also for refund of the penalty you were charged.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,842
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 121,842
121,842 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

121,842 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,467 satisfied customers
I signed a policy for home owners insurance and have made 2
I signed a policy for home owners insurance and have made 2 payments based on schedule. Now they say the replacement value of house is more than they originally estimated and have increased my payment… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
I am employed and currently has a workers compensation claim
I am employed and currently has a workers compensation claim with my current employer, to resolve the claim they want me to resign and i am concerned as to how this will affect my retirement benefits … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
11,031 satisfied customers
I have both a homeowners insurance policy that covers damage
I have both a homeowners insurance policy that covers damage to our home with a $1000.00 deductible and a home warranty policy with a $1000.00 maximum for plumbing incidents. We had a slab leak (plumb… read more
Michael Bradley
Michael Bradley
JD
1,215 satisfied customers
My home insurance policy re: full replacement cost. Language
My home insurance policy re: full replacement cost. Language was confusing so I had some words with agent who got mad and told me to go shoping. So I did. On potential new agents screen it said my cur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,842 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,842 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
I am sold a insurance policy and I have a copy of the letter
Second opinion] I am sold a insurance policy and I have a copy of the letter of confirmation, the certificate of insurance, when claimed form is submitted I am told I was not sold the amount of insura… read more
Bill Attorney
Bill Attorney
law
1,741 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am on workers compensation I was injured 1/15/2015. Some
I am on workers compensation I was injured 1/15/2015. Some one just asked me had I filed a personal injury case. i know nothing about it. How does that work … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
I had a life Insurance policy with All State insurance taken
i had a life Insurance policy with All State insurance taken out in 1997 for 25.000 whole life. I then increased it to 60.000 paying regularly each mos. I was told they had turned it over to Universal… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,224 satisfied customers
We have an attorney for a workers compensation case that
We have an attorney for a workers compensation case that seem to be dragging his heels. He has worked on the side of the insurance company of which is our opposition. We have had a court date for Febr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,215 satisfied customers
QUESTIONS FOR AN ATTORNEY FOR WORKERS COMPENSATION INSURANCE
QUESTIONS FOR AN ATTORNEY FOR WORKERS COMPENSATION INSURANCE IN CALIFORNIA FOR MY EMPOYEES.I called State Compensation Insurance Fund in California and they gave me a quote for my renewal. The policy … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,842 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,215 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x